Estate Litigation

Our Expertise

Estate Litigation is a relatively new area of practice, in which only a small number of lawyers have expertise. Our Wills & Estates Group has significant expertise in the area of Estate Litigation. We have handled matters on behalf of beneficiaries, adult interdependent partners, dependents and personal representatives, including:

  • Dependent relief claims
  • Adult Interdependent Partner claims
  • Removal of personal representatives who will not or cannot fulfill their obligations and responsibilities
  • Ensuring administration of estate is proper, pursuant to the terms of the will and/or the wishes of the testator
  • Freezing assets of an estate when a dispute arises
  • Determination of capacity of testator and undue influence in the creation of a Will
  • Administration of estate where another Will is produced
  • Ensuring personal representatives fulfill their duties and obligations pursuant to applicable legislation

Specific types of cases that we have represented, include:

  • Acting for beneficiaries to ensure they receive their entitlement
  • Acting for adult interdependent partners in Dependent Relief Act claims to ensure they receive sufficient funds from the Estate and a level of care that they are entitled to receive
  • Acting for beneficiaries to ensure the wishes of the testator are followed
  • Disputed dependent relief claims by spouse and/or adult interdependent partner
  • Utilizing actions such as freezing estate assets, filing court pleadings, and Judicial Dispute Resolution and mediation, as a means to resolving matters on behalf of our clients
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